San Diego is a dog-friendly region with several beaches and public spaces that allow furry creatures with their owners. It also has a number of pet-friendly hotels. The canine population in the county is significant, and a section of those are service dogs. These animals are essential in assisting their disabled owners and offering them reliable support. However, in some instances, such dogs may act unpredictably, including biting and attacking people.
In San Diego, it is commonplace to see service dogs accompanying owners in public spaces, including stores and parks. When such animals bite a person, he/she should seek legal recourses. The legal landscape has some complexities, with the concepts of strict liability and comparative negligence entering the picture. The services of a veteran personal injury lawyer specializing in such cases can salvage the scene.
Understanding the implications of dog bite cases involving service dogs
Service dogs are used for specific purposes. They are trained to assist people with specific disabilities in leading normal lives. They are often seen with people with vision and hearing problems or with people with limited cognitive abilities. As per the Americans with Disabilities Act, such these animals get public access rights. They are typically allowed entry into stores, eateries, public transport vehicles, hotels, etc.
While these dogs enjoy certain facilities for their role, their owners are not immune to the legal implications. People bitten and attacked by such animals do have their legal options. However, the assistance of a seasoned personal injury attorney enhances such case prospects.
Factors that lead to service dog bite incidents
These animals indeed undergo professional training and are not on the same scale as stray dogs! However, in certain situations, they may attack people.
- If such dogs perceive one or more persons to be a threat to their owner, they may attack and bite.
- Sometimes, a stressful or noisy environment can unsettle these animals, causing them to attack people.
- Lack of proper training may also lead to such attacks.
Determining liability in service dog bite cases
Determining the liability in such cases can be dicey! There can be multiple factors involved:
- California has a strict liability (Section 3342, California Legal Code) that holds dog owners responsible, even if the animal is a service dog.
- In some cases, the owner may claim the victim provoked the animal leading to the attack and bite.
- If the incident occurs in a commercial setup, its owner may be held partly responsible.
- It may so happen that the dog did not receive proper grooming from the training organization. Then, that entity is also held responsible.
Hiring the right legal expert after a service dog bite incident
If a service dog bites you, then you should report it to the County of San Diego Animal Services. The next step is to contact a seasoned attorney with expertise in handling such cases. The person should assess the credibility of such lawyers by exploring the website and reading the client reviews and testimonials.
Have a detailed discussion with the lawyer where you explain the entire situation clearly. He will tell you what needs to be done.